Terms of service
This website is operated by shop.nil-tech. Throughout the site, the terms “we”, us” and “our” refer to shop.nil-tech. shop.nil-tech offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
YOU ACKNOWLEDGE THAT YOU (OR, IF THE USER IS BELOW THE AGE OF MAJORITY, YOU, AS LEGAL GUARDIAN OF THE USER) HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE NIL Tech LIBRARY. IF YOU ARE USING OR OPENING AN ACCOUNT WITH NIL Tech ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS AND AGREE TO THESE TERMS ON BEHALF OF SUCH
SUBSCRIBING ORGANIZATION. BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PORTION OF THE NIL Tech LIBRARY, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS AND REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION (OR, IF THE USER IS BETWEEN 13 AND THE AGE OF MAJORITY, YOU, ARE THE LEGAL GUARDIAN OF THE USER) AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM THE NIL Tech SERVICE.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Welcome to NIL Tech! The following Terms of Service for the NIL Tech website, Library application is a legal contract between you, either an individual of at least 13 years of age or a single legal entity ("You" or, collectively, "Users"), and NIL Tech regarding your use of the NIL Tech Service ("Terms"). The NIL Tech Service is not available to persons under the age of 13 or to any users previously removed from the NIL Tech Library by NIL Tech. Also, if you are between age 13 and the age of majority in your jurisdiction your legal guardian must review and agree to these Terms. These Terms provide that all disputes between you and NIL Tech will be resolved by
BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT
to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the "Arbitration Agreement" section below for the details regarding your agreement to arbitrate any disputes with NIL-Tech.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the NIL Tech Service, of any material changes. Unless we state otherwise, changes are effective when posted on our website. If you continue to use the NIL Tech Service after the changes are posted, you agree to the changes. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose. We may also change or discontinue the NIL Tech Service in whole or in part at any time, in our sole discretion. Such changes may include, but not be limited to, changes to the amount of storage space you have on the NIL Tech Service at any time. Your continued use of the NIL Tech Service indicates your agreement to the changes.
2. Additional Terms
Your use of the NIL Tech LIBRARY is subject to any and all additional terms, policies, rules, or guidelines applicable to the NIL Tech LIBRARY or certain features of the NIL Tech LIBRARY that we may post on or link to on the NIL Tech LIBRARY (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the NIL Tech LIBRARY, subject to Section 1. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
You may browse the NIL Tech website without creating an account, subject to these Terms. In order to use the full features of the NIL Tech LIBRARY, you must register for an account or log into the NIL Tech LIBRARY using your order number. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to NIL Tech on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if pplicable), then you must immediately notify NIL Tech. You are solely liable for the losses incurred by NIL Tech or others due to any unauthorized use of your NIL Tech LIBRARY account.
Permission to Use NIL Tech Service
a) Definitions.As used in these Terms: (i) "Published Content" means digital assets uploaded and published on the NIL Tech Service; (ii) "Pre-Publication Assets" means raw editorial content (e.g., text, images, layout information) uploaded to the NIL Tech Service; and (iii) "User Submissions" means Published Content and Pre-Publication Assets, collectively.
b) License.Subject to your compliance with the terms and conditions set out in these Terms, NIL Tech hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to:(i) use the NIL Tech LIBRARY to view, use and access User Submissions and other content made available via the NIL Tech LIBRARY; (ii) participate in any other programs, services, or features of the NIL Tech LIBRARY now or hereafter made available by NIL Tech, including uploading of your User Submissions; (iii) download and install Software on the hardware for which the Software was created solely to exercise the rights granted in these Terms; and (iv) implement any API made available by NIL Tech solely in accordance with that API’s documentation. Your use of the NIL Tech LIBRARY must be for personal, non-commercial use only, except that Users who are commercial entities, government entities, or non-profit entities may use the NIL Tech Service to make their Published Content available on the NIL Tech Service, use the Service to collaborate on Pre-Publication Assets, or to integrate the NIL Tech Service with the User’s website. For the avoidance of doubt, you are not entitled to any compensation from NIL Tech for any reason, including but not limited to for User Submissions, unless otherwise specifically agreed in writing by NIL Tech.
c) Restrictions.You agree not to use or launch any automated system, including without limitation "robots," "spiders," and "offline readers," that accesses the NIL Tech LIBRARY in a manner that sends more request messages to the NIL Tech LIBRARY in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the NIL Tech WEBSITE to collect or harvest any personally identifiable information or any data regarding activities on or usage of the NIL Tech Site.
e) Reservation of Rights.NIL Tech reserves all rights not expressly granted in these Terms. You acknowledge that NIL Tech may automatically issue upgraded versions of the software and systems comprising the NIL Tech LIBRARY and, accordingly, may upgrade the version of the NIL Tech Service that you are using. NIL Tech reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the NIL Tech LIBRARY, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
You agree not to commit any act of the following prohibited conduct:
a)use the NIL Tech Service for any purpose other than to disseminate or receive original or appropriately licensed content and to access the NIL Tech Service as such services are offered by NIL Tech;
b)delete the copyright or other proprietary rights markings on the NIL Tech Service or other Users’ User Submissions;
c)make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the NIL Tech Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
d)use the NIL Tech Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content;
e)defame, harass, abuse, threaten or defraud Users of the NIL Tech Service, or post, upload, or distribute any content that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the NIL Tech Service for any commercial use, it being understood that the content available on the NIL Tech Service is for personal, non-commercial use only;
f)rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);
g)impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the NIL Tech Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or contentof information transmitted via the NIL Tech Service, or perform any other similar fraudulent activity;
h)hack, remove, circumvent, disable, damage or otherwise interfere with securityrelatedfeatures of the NIL Tech Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the NIL Tech Service, or features that enforce limitations on the use of the NIL Tech Service or User Submissions, or intentionally interfere with or damage operation of the NIL Tech Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other
i)reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the NIL Tech Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
j)modify, adapt, translate or create derivative works based upon the NIL Tech Service or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation;
k)remove, obscure, block, hide or otherwise alter the display of any advertising (oranyparts or aspects thereof), NIL Tech brand elements, including logos, trademarks, service marks or other Materials displayed by NIL Tech in connection with the NIL Tech Service in any manner whatsoever, regardless of your use of the embedding functionality of the NIL Tech Service to display authorized content on your or other third party
Digital Millennium Copyright Act
It is NIL Tech’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to NIL Tech’s: DMCA Guidelines Notification of Infringement. It is NIL Tech’s policyto promptly respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat
infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site(www.NILTech.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing NIL Tech’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
a) A physical or electronic signature of the user.
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the NIL Tech’s web site are covered by a single notification, a representative list of such works at the NIL Tech’s web site.
c) Clear identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NIL Tech to locate the material. Providing URLs to the alleged infringing content in the body of an email is the best way to help us locate content quickly.
d) Information reasonably sufficient to permit NIL Tech to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Counter-Notification.
If you elect to send us a counter-notice, to be effective it must be a written
communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
a) A physical or electronic signature of the user.
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or isidentification of the material to be removed or disabled.
d) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which NIL Tech may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who
knowingly materially misrepresents that material or activity was removed or
disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent:
NIL Tech’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
NIL Tech, Inc.
257 Grand Street #1004
Brooklyn, NY 11211
Or by email at email@example.com
For clarity, only DMCA notices should go to the NIL Tech’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to NIL Tech’s customer service trough firstname.lastname@example.org You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.